# Official Journal C 45/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 45 |
| | |
| English edition | Information and Notices | Volume 6011 February 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 45

English edition

Information and Notices

Volume 6011 February 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 45/01 | Non-opposition to a notified concentration (Case M.8137 — HNA Group/Servair) (
  1
  ) | 1 |
| 2017/C 45/02 | Non-opposition to a notified concentration (Case M.8252 — TPG Capital/Intel Security) (
  1
  ) | 1 |
| 2017/C 45/03 | Non-opposition to a notified concentration (Case M.8332 — KII/GGC/Infor) (
  1
  ) | 2 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 45/01

Non-opposition to a notified concentration (Case M.8137 — HNA Group/Servair) (
  1
  )

1

1

2017/C 45/02

Non-opposition to a notified concentration (Case M.8252 — TPG Capital/Intel Security) (
  1
  )

1

1

2017/C 45/03

Non-opposition to a notified concentration (Case M.8332 — KII/GGC/Infor) (
  1
  )

1

2

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 45/04 | Euro exchange rates | 3 |
| 2017/C 45/05 | Explanatory Notes to the Combined Nomenclature of the European Union | 4 |
| 2017/C 45/06 | Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 March 2017(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 ( OJ L 140, 30.4.2004, p. 1 )) | 6 |
| | NOTICES FROM MEMBER STATES |
| 2017/C 45/07 | Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Repeal of public service obligations in respect of scheduled air services (
  1
  ) | 7 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 45/04

Euro exchange rates

3

2017/C 45/05

Explanatory Notes to the Combined Nomenclature of the European Union

4

2017/C 45/06

Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 March 2017(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 ( OJ L 140, 30.4.2004, p. 1 ))

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 ( OJ L 140, 30.4.2004, p. 1 ))

6

NOTICES FROM MEMBER STATES

2017/C 45/07

Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Repeal of public service obligations in respect of scheduled air services (
  1
  )

1

7

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 45/08 | Prior notification of a concentration (Case M.8290 — Fairfax/AIG Target Portfolio) — Candidate case for simplified procedure (
  1
  ) | 8 |
| 2017/C 45/09 | Prior notification of a concentration (Case M.8343 — DONG Energy/Macquarie/Swancor/Formosa 1 Wind Power) — Candidate case for simplified procedure (
  1
  ) | 9 |
| 2017/C 45/10 | Prior notification of a concentration (Case M.8134 — Siemens/Gamesa) (
  1
  ) | 10 |
| 2017/C 45/11 | Prior notification of a concentration (Case M.8390 — PSPIB/TIAA/Vantage) — Candidate case for simplified procedure (
  1
  ) | 11 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 45/08

Prior notification of a concentration (Case M.8290 — Fairfax/AIG Target Portfolio) — Candidate case for simplified procedure (
  1
  )

1

8

2017/C 45/09

Prior notification of a concentration (Case M.8343 — DONG Energy/Macquarie/Swancor/Formosa 1 Wind Power) — Candidate case for simplified procedure (
  1
  )

1

9

2017/C 45/10

Prior notification of a concentration (Case M.8134 — Siemens/Gamesa) (
  1
  )

1

10

2017/C 45/11

Prior notification of a concentration (Case M.8390 — PSPIB/TIAA/Vantage) — Candidate case for simplified procedure (
  1
  )

1

11

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| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 11.2.2017 | EN | Official Journal of the European Union | C 45/1 |
| --- | --- | --- | --- |

11.2.2017

EN

Official Journal of the European Union

C 45/1

---

Non-opposition to a notified concentration

(Case M.8137 — HNA Group/Servair)

(Text with EEA relevance)

(2017/C 45/01)

On 8 December 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8137. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8137. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

| 11.2.2017 | EN | Official Journal of the European Union | C 45/1 |
| --- | --- | --- | --- |

11.2.2017

EN

Official Journal of the European Union

C 45/1

---

Non-opposition to a notified concentration

(Case M.8252 — TPG Capital/Intel Security)

(Text with EEA relevance)

(2017/C 45/02)

On 26 January 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8252. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8252. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

| 11.2.2017 | EN | Official Journal of the European Union | C 45/2 |
| --- | --- | --- | --- |

11.2.2017

EN

Official Journal of the European Union

C 45/2

---

Non-opposition to a notified concentration

(Case M.8332 — KII/GGC/Infor)

(Text with EEA relevance)

(2017/C 45/03)

On 6 February 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8332. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8332. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 11.2.2017 | EN | Official Journal of the European Union | C 45/3 |
| --- | --- | --- | --- |

11.2.2017

EN

Official Journal of the European Union

C 45/3

---

Euro exchange rates (1)

10 February 2017

(2017/C 45/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0629 |
| JPY | Japanese yen | 120,65 |
| DKK | Danish krone | 7,4344 |
| GBP | Pound sterling | 0,85290 |
| SEK | Swedish krona | 9,4873 |
| CHF | Swiss franc | 1,0669 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,9065 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,021 |
| HUF | Hungarian forint | 308,45 |
| PLN | Polish zloty | 4,2953 |
| RON | Romanian leu | 4,5002 |
| TRY | Turkish lira | 3,9173 |
| AUD | Australian dollar | 1,3905 |
| CAD | Canadian dollar | 1,3965 |
| HKD | Hong Kong dollar | 8,2473 |
| NZD | New Zealand dollar | 1,4798 |
| SGD | Singapore dollar | 1,5112 |
| KRW | South Korean won | 1 222,56 |
| ZAR | South African rand | 14,1866 |
| CNY | Chinese yuan renminbi | 7,3120 |
| HRK | Croatian kuna | 7,4595 |
| IDR | Indonesian rupiah | 14 134,44 |
| MYR | Malaysian ringgit | 4,7241 |
| PHP | Philippine peso | 53,096 |
| RUB | Russian rouble | 62,2757 |
| THB | Thai baht | 37,302 |
| BRL | Brazilian real | 3,3070 |
| MXN | Mexican peso | 21,5519 |
| INR | Indian rupee | 71,1435 |

Currency

Exchange rate

USD

US dollar

1,0629

JPY

Japanese yen

120,65

DKK

Danish krone

7,4344

GBP

Pound sterling

0,85290

SEK

Swedish krona

9,4873

CHF

Swiss franc

1,0669

ISK

Iceland króna

NOK

Norwegian krone

8,9065

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,021

HUF

Hungarian forint

308,45

PLN

Polish zloty

4,2953

RON

Romanian leu

4,5002

TRY

Turkish lira

3,9173

AUD

Australian dollar

1,3905

CAD

Canadian dollar

1,3965

HKD

Hong Kong dollar

8,2473

NZD

New Zealand dollar

1,4798

SGD

Singapore dollar

1,5112

KRW

South Korean won

1 222,56

ZAR

South African rand

14,1866

CNY

Chinese yuan renminbi

7,3120

HRK

Croatian kuna

7,4595

IDR

Indonesian rupiah

14 134,44

MYR

Malaysian ringgit

4,7241

PHP

Philippine peso

53,096

RUB

Russian rouble

62,2757

THB

Thai baht

37,302

BRL

Brazilian real

3,3070

MXN

Mexican peso

21,5519

INR

Indian rupee

71,1435

---

(1)  Source: reference exchange rate published by the ECB.

---

| 11.2.2017 | EN | Official Journal of the European Union | C 45/4 |
| --- | --- | --- | --- |

11.2.2017

EN

Official Journal of the European Union

C 45/4

---

Explanatory Notes to the Combined Nomenclature of the European Union

(2017/C 45/05)

Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 379,
  ‘9401 Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof’, the following text is inserted:

‘This heading includes sets of a table and chairs, where the table is designed for other purposes than dining while sitting on the seats (chairs, stools, deck-chairs, armchairs, couches etc.). Generally, these tables are too small for dining and they are inferior to the seats e.g. in size. Consequently, the seats give the set its essential character within the meaning of GIR 3(b). (See also the CN Explanatory Notes to heading 9403)

Examples of sets falling under heading 9401:

Image ’.

On page 379,
  ‘9403 Other furniture and parts thereof’, the following text is inserted after the existing text:

On page 379,

‘9403 Other furniture and parts thereof’

the following text is inserted after the existing text:

‘This heading includes sets of table and chairs where the table is designed for dining (‘dining tables’) while sitting on the seats (chairs, stools, deck-chairs, armchairs, couches etc.). These sets are classified within the meaning of GIR 3(c), because neither the table nor the seats can be considered more essential for the set within the meaning of GIR 3(b). (See also the HS Classification Opinion to subheading 9403 60 and the CN Explanatory Notes to heading 9401).

Examples of sets falling under heading 9403:

Image ’.

---

(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

1

(2)  OJ C 76, 4.3.2015, p. 1.

2

---

| 11.2.2017 | EN | Official Journal of the European Union | C 45/6 |
| --- | --- | --- | --- |

11.2.2017

EN

Official Journal of the European Union

C 45/6

---

Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 March 2017

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

(2017/C 45/06)

Base rates calculated in accordance with the communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6.). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this communication. For the discount rate this means that a margin of 100 basis points has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basis points to the base rate.

Modified rates are indicated in bold.

Previous table published in OJ C 3, 6.1.2017, p. 4.

| From | To | AT | BE | BG | CY | CZ | DE | DK | EE | EL | ES | FI | FR | HR | HU | IE | IT | LT | LU | LV | MT | NL | PL | PT | RO | SE | SI | SK | UK |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 1.3.2017 | ... | -0,08 | -0,08 | 0,76 | -0,08 | 0,45 | -0,08 | 0,16 | -0,08 | -0,08 | -0,08 | -0,08 | -0,08 | 1,05 | 0,53 | -0,08 | -0,08 | -0,08 | -0,08 | -0,08 | -0,08 | -0,08 | 1,83 | -0,08 | 1,10 | -0,36 | -0,08 | -0,08 | 0,78 |
| 1.1.2017 | 28.2.2017 | -0,07 | -0,07 | 0,76 | -0,07 | 0,45 | -0,07 | 0,16 | -0,07 | -0,07 | -0,07 | -0,07 | -0,07 | 1,05 | 0,75 | -0,07 | -0,07 | -0,07 | -0,07 | -0,07 | -0,07 | -0,07 | 1,83 | -0,07 | 1,10 | -0,36 | -0,07 | -0,07 | 0,78 |

From

To

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK

1.3.2017

...

-0,08

-0,08

0,76

-0,08

0,45

-0,08

0,16

-0,08

-0,08

-0,08

-0,08

-0,08

1,05

0,53

-0,08

-0,08

-0,08

-0,08

-0,08

-0,08

-0,08

1,83

-0,08

1,10

-0,36

-0,08

-0,08

0,78

1.1.2017

28.2.2017

-0,07

-0,07

0,76

-0,07

0,45

-0,07

0,16

-0,07

-0,07

-0,07

-0,07

-0,07

1,05

0,75

-0,07

-0,07

-0,07

-0,07

-0,07

-0,07

-0,07

1,83

-0,07

1,10

-0,36

-0,07

-0,07

0,78

---

NOTICES FROM MEMBER STATES

| 11.2.2017 | EN | Official Journal of the European Union | C 45/7 |
| --- | --- | --- | --- |

11.2.2017

EN

Official Journal of the European Union

C 45/7

---

Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Repeal of public service obligations in respect of scheduled air services

(Text with EEA relevance)

(2017/C 45/07)

| Member State | France |
| --- | --- |
| Routes concerned | Castres-Lyon and Rodez-Lyon |
| Original date of entry into force of the public service obligations | 3 December 1995 |
| Date of repeal | The day after the publication of this notice |
| Address where the text and any relevant information and/or documentation relating to the public service obligations can be obtained | Reference document:
  95/C 322/05
  For further information please contact:





  Ministère de l’environnement, de l’énergie et de la mer, en charge des relations internationales sur le climat |
| Direction générale de l’aviation civile |
| Direction du Transport aérien |
| Sous-direction des Transporteurs et services aériens |
| Bureau des Transporteurs français et de l’intervention publique |
| 50, rue Henry Farman |
| 75 720 Paris cedex 15 |
| FRANCE |
| Tel. +33 158094321 |
| Email: osp.compagnie@aviation-civile.gouv.fr |
| Website: www.developpement-durable.gouv.fr |

Member State

France

Routes concerned

Castres-Lyon and Rodez-Lyon

Original date of entry into force of the public service obligations

3 December 1995

Date of repeal

The day after the publication of this notice

Address where the text and any relevant information and/or documentation relating to the public service obligations can be obtained

Reference document:

95/C 322/05

For further information please contact:

Ministère de l’environnement, de l’énergie et de la mer, en charge des relations internationales sur le climat

Direction générale de l’aviation civile

Direction du Transport aérien

Sous-direction des Transporteurs et services aériens

Bureau des Transporteurs français et de l’intervention publique

50, rue Henry Farman

75 720 Paris cedex 15

FRANCE

Tel. +33 158094321

Email: osp.compagnie@aviation-civile.gouv.fr

Website: www.developpement-durable.gouv.fr

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 11.2.2017 | EN | Official Journal of the European Union | C 45/8 |
| --- | --- | --- | --- |

11.2.2017

EN

Official Journal of the European Union

C 45/8

---

Prior notification of a concentration

(Case M.8290 — Fairfax/AIG Target Portfolio)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 45/08)

| 1. | On 3 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Fairfax Financial Holdings Limited (‘Fairfax’, Canada) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of certain assets and renewal rights with respect to the portfolio of local business written by American International Group, Inc. (‘AIG’, United States) in Bulgaria, Czech Republic, Hungary, Poland, Romania and Slovakia (‘AIG Target Portfolio’). Besides, Fairfax will acquire AIG’s local insurance operations in Argentina, Chile, Colombia, Turkey, Uruguay and Venezuela. |
| --- | --- |

1.

On 3 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Fairfax Financial Holdings Limited (‘Fairfax’, Canada) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of certain assets and renewal rights with respect to the portfolio of local business written by American International Group, Inc. (‘AIG’, United States) in Bulgaria, Czech Republic, Hungary, Poland, Romania and Slovakia (‘AIG Target Portfolio’). Besides, Fairfax will acquire AIG’s local insurance operations in Argentina, Chile, Colombia, Turkey, Uruguay and Venezuela.

| 2. | The business activities of the undertakings concerned are:
  —   Fairfax: property and casualty insurance and reinsurance and investment management.
  —   AIG: property and casualty insurance, life insurance, retirement products, mortgage insurance and other financial services. AIG Target Portfolio is engaged in non-life insurance and reinsurance in Central and Eastern Europe. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   Fairfax: property and casualty insurance and reinsurance and investment management.

—   AIG: property and casualty insurance, life insurance, retirement products, mortgage insurance and other financial services. AIG Target Portfolio is engaged in non-life insurance and reinsurance in Central and Eastern Europe.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8290 — Fairfax/AIG Target Portfolio, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8290 — Fairfax/AIG Target Portfolio, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

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| 11.2.2017 | EN | Official Journal of the European Union | C 45/9 |
| --- | --- | --- | --- |

11.2.2017

EN

Official Journal of the European Union

C 45/9

---

Prior notification of a concentration

(Case M.8343 — DONG Energy/Macquarie/Swancor/Formosa 1 Wind Power)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 45/09)

| 1. | On 3 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which DONG Energy A/S (‘DONG’, Denmark), Macquarie Corporate Holdings Pty Limited (‘Macquarie’, Australia) and Swancor Holding Co., Ltd (‘Swancor’, Taiwan) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control over Formosa 1 International Investment Co., Ltd (‘Formosa’, Taiwan) by way of a purchase of shares. |
| --- | --- |

1.

On 3 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which DONG Energy A/S (‘DONG’, Denmark), Macquarie Corporate Holdings Pty Limited (‘Macquarie’, Australia) and Swancor Holding Co., Ltd (‘Swancor’, Taiwan) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control over Formosa 1 International Investment Co., Ltd (‘Formosa’, Taiwan) by way of a purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | DONG is active in the markets for oil and natural gas exploration and production, development, construction and operation of offshore wind farms, electricity and heat generation from power plants, natural gas and electricity trading, the sale and distribution of electricity and the sale of natural gas, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

DONG is active in the markets for oil and natural gas exploration and production, development, construction and operation of offshore wind farms, electricity and heat generation from power plants, natural gas and electricity trading, the sale and distribution of electricity and the sale of natural gas,

| — | Macquarie is active in investment intermediation for institutional, corporate and retail clients around the world in a wide range of sectors including resources and commodities, energy, financial institutions, infrastructure and real estate, |
| --- | --- |

—

Macquarie is active in investment intermediation for institutional, corporate and retail clients around the world in a wide range of sectors including resources and commodities, energy, financial institutions, infrastructure and real estate,

| — | Swancor is a producer and distributor of specialty chemical materials, including anti-corrosion resins for use in tanks and pipelines in various industries, chimneys for power plants, yachts and swimming pools and epoxy system resins for wind turbine blades, |
| --- | --- |

—

Swancor is a producer and distributor of specialty chemical materials, including anti-corrosion resins for use in tanks and pipelines in various industries, chimneys for power plants, yachts and swimming pools and epoxy system resins for wind turbine blades,

| — | Formosa is an offshore wind farm project to be developed, constructed and operated near Miaoli, Taiwan. |
| --- | --- |

—

Formosa is an offshore wind farm project to be developed, constructed and operated near Miaoli, Taiwan.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8343 — DONG Energy/Macquarie/Swancor/Formosa 1 Wind Power, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8343 — DONG Energy/Macquarie/Swancor/Formosa 1 Wind Power, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

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| 11.2.2017 | EN | Official Journal of the European Union | C 45/10 |
| --- | --- | --- | --- |

11.2.2017

EN

Official Journal of the European Union

C 45/10

---

Prior notification of a concentration

(Case M.8134 — Siemens/Gamesa)

(Text with EEA relevance)

(2017/C 45/10)

| 1. | On 6 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Siemens Aktiengesellschaft (‘Siemens’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the undertaking Gamesa Corporación Tecnológica, SA (‘Gamesa’, Spain) by way of purchase of shares. |
| --- | --- |

1.

On 6 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Siemens Aktiengesellschaft (‘Siemens’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the undertaking Gamesa Corporación Tecnológica, SA (‘Gamesa’, Spain) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   Siemens: active in a number of industrial areas including the supply of onshore and offshore wind turbines through its Wind Power and Renewables division,
  —   Gamesa: primarily active in the supply of products and advanced solutions in the renewable energy sector, particularly of onshore wind turbines but also active in the supply of offshore wind turbines through its subsidiary Adwen Offshore SL. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   Siemens: active in a number of industrial areas including the supply of onshore and offshore wind turbines through its Wind Power and Renewables division,

—   Gamesa: primarily active in the supply of products and advanced solutions in the renewable energy sector, particularly of onshore wind turbines but also active in the supply of offshore wind turbines through its subsidiary Adwen Offshore SL.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8134 — Siemens/Gamesa to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8134 — Siemens/Gamesa to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

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| 11.2.2017 | EN | Official Journal of the European Union | C 45/11 |
| --- | --- | --- | --- |

11.2.2017

EN

Official Journal of the European Union

C 45/11

---

Prior notification of a concentration

(Case M.8390 — PSPIB/TIAA/Vantage)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 45/11)

| 1. | On 6 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Public Sector Pension Investment Board (‘PSPIB’, Canada) and Teachers Insurance and Annuity Association of America (‘TIAA’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Vantage Data Centers Holding Company (‘Vantage’, USA) by way of purchase of shares. |
| --- | --- |

1.

On 6 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Public Sector Pension Investment Board (‘PSPIB’, Canada) and Teachers Insurance and Annuity Association of America (‘TIAA’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Vantage Data Centers Holding Company (‘Vantage’, USA) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for PSPIB: managing pension investment of the pension plans of the Canadian Federal Public Service, the Canadian Forces, the Royal Canadian Mounted Police and the Reserve Force. It manages a diversified global portfolio including stocks, bonds and other fixed-income securities as well as investments in private equity, real estate, infrastructure, natural resources and private debt,
  —   for TIAA: providing investment products and services to those who work in the academic, research, medical and cultural fields in the USA. TIAA’s products and services include, among others, retirement plans, banking, brokerage and trust services, life-insurance and real-estate asset management,
  —   for Vantage: owning and operating five fully leased data centres across two campuses in (i) Santa Clara, California; and (ii) Quincy, Washington, US, for a total capacity of approximately 56 MW. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for PSPIB: managing pension investment of the pension plans of the Canadian Federal Public Service, the Canadian Forces, the Royal Canadian Mounted Police and the Reserve Force. It manages a diversified global portfolio including stocks, bonds and other fixed-income securities as well as investments in private equity, real estate, infrastructure, natural resources and private debt,

—   for TIAA: providing investment products and services to those who work in the academic, research, medical and cultural fields in the USA. TIAA’s products and services include, among others, retirement plans, banking, brokerage and trust services, life-insurance and real-estate asset management,

—   for Vantage: owning and operating five fully leased data centres across two campuses in (i) Santa Clara, California; and (ii) Quincy, Washington, US, for a total capacity of approximately 56 MW.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8390 — PSPIB/TIAA/Vantage to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8390 — PSPIB/TIAA/Vantage to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

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